Sushila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16899 of 2017 =========================================================== Sushila Devi, Wife of Shri Rajhans Rai, Mukhiya Gram Panchayat Raj Baikatpur, P.S. Mushhari, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The Principal Secretary, Public Health Engineering Department, Bihar, Patna.

3. The Administrative officer cum State Coordinator, Lohia Swachh Bihar Abhiyan (Clean Bihar Movement), Bihar, Patna.

4. The Chief Executive Officer cum State Mission Director, Bihar, Patna

5. The District Magistrate, Muzaffarpur.

6. The District Development Commissioner cum President, District Water and Sanitation Committee, Muzaffarpur.

7. The Executive Engineer, P H E D, Muzaffarpur.

8. The Executive Engineer cum Member Secretary, District Clean Bharat Mission cum District Water and Sanitation Committee, Muzaffarpur.

9. The Junior Engineer cum Member, Secretary, PHED, Muzaffarpur.

10. The Administrative Officer cum State Coordinator, Rural Development Department, Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Murari Narain Chaudhary Mr. Vijay Kumar, Advocates For the Respondents : Mr. S. Raza Ahmad -AAG5 Mr. Alok Ranjan, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of her outstanding dues claimed by her in respect of the work done under agreement

Patna High Court CWJC No.16899 of 2017 dt.29-06-2018 2/3 dated 30.11.2015 under the scheme of Swachch Bharat Mission (Rural) and Lohia Sanitation Scheme.

3. Learned counsel for the petitioner submits that despite having completed the contract work in question, an amount of Rs. 1,72,80,000/- remains outstanding to be paid against the bills of the petitioner. In this regard, Administrative Officer cum State Coordinator, Lohia Swachh Bihar Abhiyan (Clean Bihar Movement), Bihar, Patna by letter dated 04.07.2017 addressed to the District Magistrate; Muzaffarpur has made recommendation in favour of the petitioner.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, P. H. E. D., Muzaffarpur (Respondent No. 7) with a fresh representation for redressal of her grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together

Patna High Court CWJC No.16899 of 2017 dt.29-06-2018 3/3 with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.07.2018 Transmission Date N.A.